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Nation / Wed, 16 Sep 2026 Bar and Bench

Allahabad HC sets Ayush Malik free from family's custody after he says he voluntarily embraced Islam

It added that Malik unequivocally expressed his desire to profess and practise Islam and his intention to solemnize marriage with Chandni Qureshi. "He has consistently maintained that both decisions are the result of his own free will and independent choice. The Court finds no material, at this stage, to doubt the voluntariness of the choices so expressed by him," the Bench noted. The Court said a person who has attained majority is ordinarily entitled to determine his faith according to his own conscience. The mere fact that such choice may be contrary to the wishes or expectations of the family cannot, by itself, furnish a legitimate basis for curtailing such choice," the Court added.

Considering the statements made before it, the Court said that Malik has attained the age of majority and is capable of taking decisions concerning his own life.

It added that Malik unequivocally expressed his desire to profess and practise Islam and his intention to solemnize marriage with Chandni Qureshi.

"He has consistently maintained that both decisions are the result of his own free will and independent choice. The Court finds no material, at this stage, to doubt the voluntariness of the choices so expressed by him," the Bench noted.

The Court said that the concern expressed by Malik's father regarding the welfare of his son was understandable in the context of the familial relationship.

However, it added that such concern cannot override the constitutionally protected autonomy of an adult person who is competent to take decisions concerning his faith, residence and choice of life partner.

The Court said a person who has attained majority is ordinarily entitled to determine his faith according to his own conscience.

"Such a choice, being an expression of individual autonomy and freedom of conscience, cannot be displaced merely because it is not acceptable to his family members," the Court observed.

It added the right to choose a person with whom one wishes to establish a matrimonial relationship forms an integral facet of the right to life and personal liberty guaranteed under Article 21 of the Constitution.

"The choice of an adult as to whom he or she wishes to marry or with whom he or she wishes to establish a relationship is a matter of individual autonomy. The mere fact that such choice may be contrary to the wishes or expectations of the family cannot, by itself, furnish a legitimate basis for curtailing such choice," the Court added.

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